BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 275|
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THIRD READING
Bill No: AB 275
Author: Solorio (D), et al
Amended: 7/13/11 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 6/14/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/6/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 75-0, 5/2/11 - See last page for vote
SUBJECT : Rainwater Capture Act of 2011
SOURCE : Author
DIGEST : This bill authorizes the installation and use of
rainwater capture systems for non-potable purposes.
ANALYSIS :
Existing Law :
1. Under the Porter-Cologne Water Quality Control Act,
establishes standards for water quality.
2. Under the Stormwater Resource Planning Act of 2009:
CONTINUED
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A. Authorizes a city, county, or special district
(individually or jointly) to develop a stormwater
resource plan that meets certain requirements.
B. Provides that a stormwater resource plan must
be designed to augment local water supply through
groundwater recharge or storage for beneficial
reuse of stormwater; prioritize source control,
onsite and local infiltration, and reuse of
stormwater; reestablish natural water drainage
treatment and infiltration systems; and include
requirements for new and upgraded infrastructure
and development to meet design criteria and best
management practices to prevent stormwater
pollution and increase effective stormwater
management.
3. Under Article X, Section 2 of the California
Constitution requires water to be put to a reasonable
and beneficial use.
This bill:
1. Defines several terms:
A. "Rainwater" to mean precipitation on any public
or private parcel that has not entered an offsite
storm drain system or channel, a flood control
channel, or any other stream channel, and has not
previously been put to beneficial use.
B. "Rain barrel system" to mean a type of rainwater
capture system that does not use electricity and is
not connected to a pressurized water distribution
system for distribution of potable water.
C. "Rainwater capture system" to mean a facility
designed to capture, retain, and store rainwater
flowing off of a building, parking lot, or any
other manmade, impervious surface, for subsequent
onsite use.
D. "Stormwater" to mean temporary surface water
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runoff and snowmelt runoff drainage generated by
immediately preceding storms.
2. Authorizes a landscape contractor to install exterior
components of a rainwater capture system.
3. Declares that nothing in the bill shall be construed to:
A. Authorize a landscape contractor to engage in or
perform activities that require a license pursuant to
the Professional Engineers Act.
B. Alter or impair any existing rights.
C. Change existing water rights law.
4. Authorizes any residential, commercial, or governmental
landowner to install, maintain, and operate on the
landowner's property any of the following systems for
rainwater capture on developed or developing lands: A
rain barrel system, if the system is used only to supply
water for outdoor, nonpotable uses and is used in
compliance with all manufacturer instructions; a
rainwater capture system for subsequent outdoor
nonpotable use or infiltration into groundwater; or a
rainwater capture system for subsequent indoor
nonpotable use, if specified conditions are met.
5. Specifies that a rainwater capture system for subsequent
indoor nonpotable use:
A. Have a filtration or disinfection device.
B. If connected to a potable water supply system,
be equipped with a device to prevent backflow.
C. Be permitted and inspected by the local agency
enforcing building standards before use.
D. Comply with the requirements contained in the
2010 Green Plumbing and Mechanical Code Supplement
(GPMCS), published by the International Association
of Plumbing and Mechanical Officials (IAPMO),
unless the California Building Standards Commission
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(BSC) adopts superseding building standards.
6. Specifies that a rainwater capture system that is part
of or attached to a structure regulated by the
California Building Standards Code must be installed and
used consistent with the requirements of that code.
7. Requires the property owner to comply with a local
agency's program to promote rainwater or stormwater
capture, if such a program exists.
8. Specifies that a landowner cannot be required to obtain
a permit or authorization from a local public agency as
a condition of operating a rain barrel system unless
that system requires disconnecting a downspout from the
sewer system.
9. Requires a local agency to notify a public water system
operator of the approval of a permit for a rainwater
capture system connected to that system.
10.Requires that rainwater capture systems installed
pursuant to the above provisions include a method to
prevent mosquito breeding.
11.Provides legislative intent that the use of rainwater
for nonpotable uses should not be constrained by
standards for drinking or recycled water.
Comments
One inch of rain on a 2,000 square foot roof generates more
than 1,000 gallons of water. Since nonpotable water uses
comprise a significant proportion of a household's total
usage, rainwater harvesting could help alleviate some of
the pressure on California's limited potable water supplies
while also reducing the amount of energy used to treat and
distribute water that is used for activities such as lawn
irrigation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/13/11)
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American Rainwater Catchment Systems Association
American Society of Civil Engineers
American Society of Heating
California Alliance for Consumer Protection
California Building Industry Association
California Coastkeeper Alliance
California Landscape and Irrigation Council
California Landscape Contractors Association
California Legislative Conference of the Plumbing
California Special Districts Association
California State Pipe Trades Council
City of Santa Monica
Cucamonga Valley Water District
East Bay Municipal Utility District
Eastern Municipal Water District
Family Winemakers of California
Heating and Piping Industry
Inland Empire Utilities Agency
International Association of Plumbing and Mechanical
Officials
Los Angeles Gateway Region
National Latino Congreso
Natural Resources Defense Council
Orange County Coastkeeper
Orange County Water District
Planning and Conservation League
Refrigeration and Air-Conditioning Engineers
San Diego County Water Authority
Santa Clara Valley Water District
Sierra Club California
Southern California Water Committee
Three Valleys Municipal Water District
TreePeople
United State Green Building Council Californian Advocacy
Committee
OPPOSITION : (Verified 7/13/11)
California State Council of Laborers, International Code
Council
ARGUMENTS IN SUPPORT : IAPMO supports the reference to
GPMCS stating, "The author chose to reference the rainwater
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provisions contained in the 2010 IAPMO Green Supplement for
sound legal and policy reasons. These same provisions are
currently in the process of being adopted into the IAPMO
2012 Uniform Plumbing Code. Under state statute, the
rainwater catchment provisions contained in the 2012
Uniform Plumbing Code will become part of the California
Plumbing Code in 2013 (with any amendments, additions or
deletions determined appropriate by the State). Citing the
2010 IAPMO Green Supplement in AB 275 ensures that there
will be consistency between the local adoption of rainwater
standards prior to 2013 and the state adoption of rainwater
standards in the 2013 California Plumbing Code. Reliance on
the IAPMO Green Supplement is further appropriate because
it was explicitly developed to work seamlessly with the
current California/Uniform Plumbing Code. ? Finally, AB 275
makes clear that the reference to the 2010 IAPMO Green
Supplement is simply an interim step until the �BSC], the
Department of Housing and Community Development or other
relevant state agencies adopt requirements that supersede
the provisions contained in the Supplement."
ARGUMENTS IN OPPOSITION : International Code Council is
concerned about the reference to the IAPMO GPMCS "SB 1473
�(Calderon) statutes of 2008], referenced by AB 275
supporters in the Senate Natural Resources and Water
Committee? requires the �BSC] and the Department of Housing
and Community Development to use, as the basis for future
versions of the California Building Standards Code, those
model codes adopted by the BSC as the basis for the 2007
California Building Standards Code. In AB 275, reference
is made to the 2010 �GPMCS], published by �IAPMO]. This
supplement is not a code nor has it been adopted by the
�BSC]. The foreword of the GPMCS explicitly states that,
'The supplement is a separate document from the Uniform
Plumbing and Mechanical Codes.' In fact, the BSC will not
even begin possible consideration of this supplement for
inclusion into the current California Plumbing Code until
the summer of 2012, and then only if it is incorporated
into the 2012 UPC. Inclusion of this supplement in AB 275
is a violation of SB 1473 and a violation of law under
Health and Safety Code section 18938, which is the
referenced statute highlighted in SB1473."
ASSEMBLY FLOOR :
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Charles Calderon, Gorell, Roger
Hern�ndez, Mendoza, Vacancy
CTW:do 7/13/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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